Question 2 OR (b)
Actual breach and anticipatory breach
6 marks
- Time to write
- About 12 minutes
From an older CBCS paper
Question
Question 2 OR (b) · 6 marksDifferentiate between actual breach and anticipatory breach.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- Differentiate betweenSet the differences out in a table, basis by basis, not as two separate essays.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Actual breach 2 marks 3 min
- 2 Anticipatory breach 2 marks 3 min
- 3 Differences 2 marks 3 min
- Check: every ask answered, key terms underlined 2 min
Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.
Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
Breach of contract. Breach means the failure of a party to perform his obligation under a contract.
Actual breach occurs when a party fails or refuses to perform his promise at the time performance is due, or while the contract is being performed. Example (ours): a tailoring firm that has agreed to deliver 500 school uniforms on 1 June delivers none on that day; or, having delivered 200, refuses to make the rest.
Anticipatory breach occurs when, before the date fixed for performance, a party refuses altogether to perform, expressly or by his conduct (s. 39). Example (ours): a caterer engaged for a wedding on 15 December tells the family on 1 December that he will not come.
| Basis | Actual breach | Anticipatory breach |
|---|---|---|
| Time | When performance is due, or during performance | Before the time fixed for performance |
| Provision | The general rules on breach | Section 39 |
| How it shows | Failure or refusal to perform when due | Refusal signified in advance, expressly by words or impliedly by conduct |
| Injured party's options | Sue for breach at once | Rescind and sue at once, or keep the contract alive until the due date |
| Supervening events | Do not affect the claim | If he waits, a later event may discharge the contract and his claim |
Where the 6 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Actual breach | 2 |
| 2 | Anticipatory breach | 2 |
| 3 | Differences | 2 |
| Total | 6 |
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